on international tribunals and therefore concludes that the decision of the
Kenyan Court of Appeal is binding on the African Commission except
there is evidence of systematic human rights violation, which the
Complainants have failed to prove in this case.3 According to the
Respondent State, it is only in situations where there is evidence of
systematic violations by the state that international tribunals such as the
African Commission may have jurisdiction to hear disputes arising from
such violations. The Respondent State thus urges the African Commission
to declare the Communication inadmissible.
Complainants’ Supplementary Submissions on Admissibility
25. In response to the Respondent State’s Submissions, the Complainants
maintain that the requirements of Article 56 have been fully complied
with and that the arguments of the Respondent State regarding the
exhaustion of local remedies rule are untenable.
26. Regarding the Respondent State’s argument that the Complainants could
have filed an Application for Review to the Kenyan Court of Appeal, they
submit, citing jurisprudence of the African Commission, that the generally
accepted meaning of local remedies, which must be exhausted prior to
any
Communication/Complaint
procedure
before
the
African
Commission, are the ordinary remedies of common law that exist in
jurisdictions and normally accessible to people seeking justice.4
Respondents State cites the case of Serbians Loans, PCIJ, Ser. A. nos 20-1, Fisheries Case,
ICJ Reports (1951) to support its position.
4 Communication 242/01 Interights, Institute for Human Rights and Development in
Africa, and Association Mauritanienne des Droits de l’Homme/Islamic Republic of Mauritania
17th Annual Activity Report at para 27.
3
6